Thread: Scenario
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Old November 8, 2011, 09:54 AM   #29
TexasJustice7
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Join Date: May 10, 2011
Posts: 213
Quote: BartholmewRoberts:
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Under Texas law, you MIGHT be justified in shooting, since Texas allows the use of deadly force to protect property in very limited circumstances. However, the Texas law allowing this has many qualifiers in it, one of which is that you reasonably believe the property cannot be recovered by any other means. Also under Texas law, the grand jury is going to be the one deciding whether you met those qualifiers.

In legal terms, what you describe may be legal depending on your state law. It is almost never a good idea tactically, whether legal or not.
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My mind was made up on this subject when I went to the trouble to get my gun permit. I will not be a willing victim. If they stole my wallet, I intend to recover it even if I have to use deadly force. In Northeast Texas, I will take my chances if prosecuted and hire a lawyer like "Scrappy Holmes" to defend me which I recognize will not be cheap. I don't think the guy can get 15 feet away before I can shoot him if he grabs my wallet. Many other Texans that sit on jury's are like minded in Texas. There is no question that Texas law permits one to use deadly force to stop a fleeing felon. And if you don't stop him he will get away with the wallet, the ID cards, and all in such a case. I would come closer to letting him run off with a flat screen TV than my wallet. I know the cost of defending the case will be far greater, if I have to
pay to defend it. But even so, I would do it without hesitation. And if I were
convicted, then the State of Texas will have to feed me as well as take care of my disabled family member in a nursing home at a cost of about $50,000 just for that, not counting what it costs to keep me in jail. I am not saying that you should do the same thing, just saying what I will do if my wallet is grabbed and the robber is running off with it.
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